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IN RE CRATER

Bankruptcy No. 01-12851-PHX-RJH, Adversary No. 02-00007.

286 B.R. 756 (2002)

In re Marvin James CRATER and Fay B. Crater, Debtors. James D. Murphey, Plaintiff, v. Marvin James Crater and Fay B. Crater, husband and wife, Defendants.

United States Bankruptcy Court, D. Arizona.

December 17, 2002.

Attorney(s) appearing for the Case

Tim D. Coker, Esq., Robert Mothershead, P.C., Phoenix, AZ, for Plaintiff/Creditor.

William F. Doran, Esq., Phoenix, AZ, for Defendants/Debtors.

Louis Movitz, Carefree, AZ, Chapter 7 Trustee.

OPINION RE: OBJECTION TO DISCHARGE

RANDOLPH J. HAINES, Bankruptcy Judge.

This case concerns an objection to discharge due to the debtors' prebankruptcy sale of an asset and use of the proceeds to increase an exemption. The objecting creditor seeks summary judgment on his objection to discharge. Because the Court finds the undisputed facts do not establish any improper intent to hinder, delay or defraud creditors, other than an intent to utilize available...

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